Jay Sandon Cooper v. State Farm Mutual Automobile Insurance Company, City of Plano, Texas Plano Police Department, Linda Morphew Henderson, and Catherine Ann Barycki

• Court: Court of Appeals of Texas
• Decided: February 6, 2019
• Docket: 05-18-01519-CV
• Status: Published

Opinion

DISMISS and Opinion Filed February 6, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01519-CV

JAY SANDON COOPER, Appellant

V.

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, CITY OF PLANO, TEXAS PLANO POLICE DEPARTMENT, LINDA MORPHEW HENDERSON, AND CATHERINE ANN BARYCKI, Appellees

On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-01847-2018

MEMORANDUM OPINION Before Justices Bridges, Brown, and Whitehill Opinion by Justice Whitehill Before the Court is appellant’s motion to extend time to file notice of appeal. Appellant,

who has been declared a vexatious litigant, is subject to a prefiling order. See TEX. CIV. PRAC. &

REM. CODE ANN. §§ 11.101, 11.103. Pursuant to appellant’s request, the local administrative judge

granted appellant permission to file this appeal “conditioned on [appellant] furnishing security in

the amount of $2,500.” See id. § 11.102. Appellant, however, filed the appeal without paying the

security.

On January 14, 2019, we ordered appellant to file, no later than January 24, 2019, written

verification he had furnished the security and cautioned that failure to do so would result in dismissal of the appeal without further notice. Rather than filing the requested verification,

appellant filed an objection to our order. The objection has no merit. Accordingly, we overrule

the objection, deny the extension motion, and dismiss the appeal. See id. §§ 11.056, 11.102-.103.

/Bill Whitehill/ BILL WHITEHILL JUSTICE

181519F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JAY SANDON COOPER, Appellant On Appeal from the 296th Judicial District Court, Collin County, Texas No. 05-18-01519-CV V. Trial Court Cause No. 296-01847-2018. Opinion delivered by Justice Whitehill, STATE FARM MUTUAL AUTOMOBILE Justices Bridges and Brown participating. INSURANCE COMPANY, CITY OF PLANO, TEXAS PLANO POLICE DEPARTMENT, LINDA MORPHEW HENDERSON, AND CATHERINE ANN BARYCKI, Appellees

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellees State Farm Mutual Automobile Insurance Company, City of Plano, Texas Plano Police Department, Linda Morphew Henderson, and Catherine Ann Barycki recover their costs, if any, of this appeal from appellant Jay Sandon Cooper.

Judgment entered February 6, 2019.

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